89Mutilation of fish

#### 89 Mutilation of fish 89 Mutilation of fish > > (1) A person must not mutilate any restricted species of fish in or on or adjacent to any waters in any manner other than by gutting or by removing the gills or scales. > > > > Maximum penalty—50 penalty units. > > > (2) A person (other than a commercial fisher) does not commit an offence under subclause (1) if the person establishes that the person mutilated the fish— > > > > > (a) in the course of preparing the fish for immediate consumption, or > > > > > (b) in the course of preparing the fish for immediate use as bait, or > > > > > (c) in the course of authorised charter fishing operations, or > > > > > (d) at a permanent facility, specifically provided for the cleaning of fish, being a place that is not in or on any waters, or > > > > > (e) in accordance with a permit issued by the Secretary. > > > (3) A person must not have in the person’s possession in or on or adjacent to any waters any restricted species of fish that has been mutilated in any manner other than by gutting or by removing the gills or scales. > > > > Maximum penalty—50 penalty units. > > > (4) A person (other than a commercial fisher) does not commit an offence under subclause (3) if the person establishes that the fish was mutilated in accordance with subclause (2). > > > (5) A person must not deliver or consign for sale any restricted species of fish that has been mutilated in any manner other than by gutting or by removing the gills or scales. > > > > Maximum penalty—50 penalty units. > > > (6) This clause does not apply to the delivery or consignment for sale of fish propagated, hatched or reared by the holder of an aquaculture permit under the authority of that permit or of any other fish that have already been lawfully sold. > > > (7) For the purposes of this clause, a person mutilates fish in the course of authorised charter fishing operations if— > > > > > (a) the person is the master or a crew member of a charter fishing boat, and > > > > > (b) the person mutilates the fish by filleting or sectioning the fish, and > > > > > (c) the person mutilates the fish while on board the charter fishing boat and in the presence of the person who took the fish, and > > > > > (d) the charter fishing boat is moored at its usual berth or at the place where passengers of the boat usually embark or disembark the boat. > > **cl 89:** Am 2023 (13), Sch 5\[14\].